Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 11, 2014 |
signed chap.314 |
Aug 01, 2014 |
delivered to governor |
Jun 12, 2014 |
returned to senate passed assembly ordered to third reading rules cal.193 substituted for a9314 |
May 20, 2014 |
referred to judiciary delivered to assembly passed senate |
May 12, 2014 |
advanced to third reading |
May 07, 2014 |
2nd report cal. |
May 06, 2014 |
1st report cal.525 |
Apr 30, 2014 |
referred to judiciary |
Senate Bill S7143
Signed By Governor2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2013-S7143 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9314
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3122-a, CPLR
2013-S7143 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7143 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to business records of non-parties This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. Rule 3122-a of the CPLR was adopted to facilitate the introduction of business records produced by third parties either in discovery or for trial. It eliminates the need to bring in a custodian or other witness to testify to the authenticity of records by allowing such a custodian or other qualifying witness to provide a certification to that effect accompanying the documents. One serious limitation to rule 3122-a in its present form is that it applies only to business records produced pursuant to a subpoena duces tecum under rule 3120. We see no reason that this desirable procedure should be limited to records produced solely by subpoena. In many cases, documents may be produced by third parties voluntarily, and those parties should not be put to the inconvenience of having to produce a witness to testify at trial as to the authenticity, regularity and completeness of the documents. Thus, we propose that rule 3122-a be amended to add a new subdivision allowing its certification procedures to apply to all business records produced by
2013-S7143 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7143 I N S E N A T E April 30, 2014 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to busi- ness records of non-parties THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 3122-a of the civil practice law and rules is amended by adding a new subdivision (d) to read as follows: (D) THE CERTIFICATION AUTHORIZED BY THIS RULE MAY BE USED AS TO BUSI- NESS RECORDS PRODUCED BY NON-PARTIES WHETHER OR NOT PURSUANT TO A SUBPOENA SO LONG AS THE CUSTODIAN OR OTHER QUALIFIED WITNESS ATTESTS TO THE FACTS SET FORTH IN PARAGRAPHS ONE, TWO AND FOUR OF SUBDIVISION (A) OF THIS RULE. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13638-01-4
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